Thomas
Kelley appeals the Ada County district court's award of
restitution entered under Idaho Code section 37-2732(k). The
Idaho Court of Appeals vacated the restitution award on
evidentiary grounds. We granted the State's timely
petition for review, and we now affirm the district
court's award of restitution.

I.
FACTUAL AND PROCEDURAL BACKGROUND

In June
2013, the State charged Kelley with trafficking marijuana. He
initially pleaded not guilty and moved to suppress evidence
seized in a traffic stop. The district court denied the
motion to suppress. Kelley entered a conditional plea of
guilty and reserved his right to appeal the denial of the
motion to suppress. The Court of Appeals affirmed the denial
of the motion to suppress. State v. Kelley, 159
Idaho 417, 361 P.3d 1280 (Ct. App. 2015).

In
November 2014, the district court sentenced Kelley to eight
years imprisonment, with a minimum one-year confinement
followed by five years indeterminate. On February 6, 2015,
the district court held a restitution hearing, where the
State sought to recoup its prosecution costs under Idaho Code
section 37-2732(k). To that end, the State submitted a
written, but unsworn, statement as evidence of its
prosecution costs. At the hearing, the district court granted
Kelley's request for further time to review the
State's evidence, and additional arguments were held on
February 20, 2015 and March 5, 2015. The State initially
requested $3, 584.50 in restitution, which reflects 25.5
hours of work billed at $140 per hour, and 0.1 hours billed
at $145 per hour. However, at the March 5, 2015 hearing, the
State provided a "more precise accounting" and
requested $7, 328.50, which reflects 42.3 hours of work
billed at $140 per hour, and 9.7 hours of work billed at $145
per hour. Kelley objected that the State's award would
(1) violate due process; (2) punish him for exercising his
Sixth Amendment rights to stand trial and present a defense;
(3) violate equal protection; and (4) be unreasonable and
excessive.

Although
the district court rejected Kelley's constitutional
arguments, it found the State's request excessive. The
district court reasoned that the State's (1) increased
request reflecting additional hours was not supported by
evidence; and (2) requested hourly rate ($140/$145) was
excessive. Ultimately, the district court concluded the State
was entitled to $2, 640, which reflects 35.2 hours of work
billed at $75 per hour.

Kelley
appealed, and the Court of Appeals vacated the award and
remanded. On appeal, Kelley raised constitutional arguments
and contended the district court abused its discretion by
failing to consider his financial circumstances. The Court of
Appeals, however, did not address those arguments. Instead,
it held that insufficient evidence supported the award
because it was based only on the State's unsworn
representations. We granted the State's timely petition
for review.

II.
ISSUES ON APPEAL

1. Is Idaho Code section 37-2732(k) constitutional under the
Sixth and Fourteenth Amendments to the U.S. Constitution?

2. Did the district court abuse its discretion by failing to
consider Kelley's financial ability to repay ...

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